건물명도(인도)
1. The Defendants order the Plaintiff with each point indicated in the annexed Form 1, 2, 3, 4, and 1 of the annexed Form 1 on the ground.
1. Basic facts - The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project whose size is 41,900m2 in Ansan-si as an improvement zone during Ansan-si.
On March 30, 2017, the Ansan City approved and publicly notified the management and disposal plan of the plaintiff.
The Defendants leased and possessed the above real estate from the owner of the real estate stated in the disposition No. 1 in the above improvement zone.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination on the cause of the claim
A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date the previous public announcement is made pursuant to Article 86.” Thus, when the approval of a management and disposition plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use or profit as the lessee has been suspended pursuant to the public announcement of the authorization of
B. The Defendants’ assertion and determination 1) asserted that the Defendants asserted that the Plaintiff could not comply with the Plaintiff’s claim for delivery of the building on the ground that the Plaintiff did not have paid the amount of business loss compensation to the Defendant. (2) According to each of the written evidence Nos. 1, 15, and 6 (including household numbers), the Gyeonggi-do Regional Land Tribunal’s real estate set forth in the Disposition No. 1, February 28, 2018.